Consumer protection legislation in relation to travel and tourism customers

Consumer protection law:

The consumer protection is a legislation that deals with misleading or false statements. The false and misleading statements may be made in relation to holidays, travel arrangements and prices. The consumer protection law is very important which means that if any of the legislations are breached it will lead to penalties which could be fines or a prison sentence.

 Organisations within the travel and tourism sector will need to ensure that the statements and information that they provide to their customers are not false or misleading. By making false statements or misleading customers the organisation that is providing the false statements will be punished for breaching the legislation. It is important that all information is accurate and reliable so that there is no misunderstanding as the consequences may be high for the provider who provides false or misleading statements. An example of misleading statements can be false prices for holidays. If this is the case that a tour operator has been misleading customers with false prices it would mean that they are breaching the legislation.

Uberrimae Fidei:

Uberrimae Findei is a Latin phrase which has the meaning of “utmost good faith”.  This phrase is commonly used during insurance contracts. It is used in insurance contracts as it states that all parties within the insurance contract must act in good faith.  This is so that the parties involved will make a full declaration of all material facts in the insurance proposal.

Dealing in good faith can be used in other contracts as well. If organisations such as tour operators use good faith it means that they will provide all the information truly based on what they will offer the customer in the holiday package. This will also help to prevent misleading and false information to the customer.

Trade description act 1968:

The trade discrimination act 1968 is an important act for customers and people who have suffered from misleading descriptions. The trade discrimination act imposes penalties for giving false statements to customers. Penalties are given to the tour operators or any other industry in all organisations when they know that they are misleading their customers by knowing that they are providing the customers with false information whilst they are acting recklessly.

In the tourism industry it is important that no false information is provided to the customer. If the airline or travel agent provides a consumer with false information about accommodation that they have described as a five star hotel but instead the hotel is a 3 star hotel it will mean that they are misleading their customers. This will be against the trade description act 1968 and the holiday provider will be fined or prosecuted.

The only way in which the travel agent or airline will be able to defend themselves is by proving that it was a mistake and that they were not trying to mislead the customer.  The defendants can also claim that it was an accident. The penalties and compensation for each offense are £2000.00 or an unlimited fine and a prison sentence.

Consumer protection act 1987

The consumer protection act 1987 prohibits misleading price indications to customers. This includes the misleading to the price of all goods, services facilities and accommodations. The way in which prices can be misleading is if the price is more than the price given. This means that if a consumer has to pay more than what the price is actually set at then the consumer protection act is being breached and it will lead to consequences for the travel agent.   

In order for defences to be put forward there will need to be proof of the pricing list. This means that the industries that mislead the customer will need to prove that the price was not an advertisement but that the price can also be found in a brochure or pricing book. The fines and penalties for breaching the consumer protection act 1987 can be unlimited depending on the situation.

Sources:

http://www.duhaime.org/LegalDictionary/U/UberrimaeFidei.aspx

http://www.legislation.gov.uk/ukpga/1987/43

http://www.legislation.gov.uk/ukpga/1968/29

http://www.sqa.org.uk/e-learning/ITLaw01CD/page_12.htm

Explain contract legislation in relation to travel and tourism customers

Explain contract legislation in relation to travel and tourism customers

Law contact and agreements:

In terms of contracts and agreements law can be a confusing aspect. Contracts and agreements are made by each and every individual on a daily basis.  Contracts and agreements are not only formal written documents signed by parties and witnesses. They are formed much easier without the other arty sometimes knowing that a contract and agreement has been made. Contracts and agreements are made every day from the moment we decide to buy a newspaper all the way to agreeing to meet a friend.

What is a contract?

A contract is a legally binding agreement. It can be also be classified as a promise or promises which the law will enforce. A contract is only formed when both parties agree to all the terms and conditions listed in the contract. An example could be that when a travel agent offers add on in the holiday package both the agent and the customer will need to agree the add-on’s and the price. If however one party decides to break the agreement and does not follow the agreed contract then the party that broke the agreement will need to pay fines and penalties towards the party who breached the contract.

Termination of the offer:

Contracts and offer can be terminated in many ways, these include the following:

• ·         By acceptance: Both parties accept to terminate the contract
• ·         By rejection: This is when no agreement has been made and the offer has been rejected.
• ·         By death: If one person passes away it would lead to the offer being terminated.
• ·         Failure of a condition attached to the offer.
• 
  
• 
  
  

Contracts for package holidays:

The contract on package holidays if formed by the customer stating their demands and the tour operator ensuring that the demands have been meeting. Once the demands have been meet and both parties have agreed on the package holiday it is then the tour operators responsibility to ensure that the services are provided. Under the package holiday regulation 1992 it is said that a package holiday must consist of a combination of at least 2 services before it can be classified as a package holiday. If the tour operator has agreed to comply with the demand of providing the accommodation they must ensure that the service is available for the customer. This has to do with the fact that the customer has paid for the holiday package which include the flight and accommodation for example. The tour operator will be liable for any breaches in the contract agreement.

A contract in service and travel providers is when the tour operator is liable for all the services if the customer has booked a package holiday. The tour operator will be liable for all services that have been booked with the package holiday which includes car hire, accommodation and other services that are part of the package holiday that the tour operator has created for the customer. This means that all the services must be provided to the customer as a agreement was made based on all the services. If the tour operator does not provide the agreed services they will then be liable and may face charges.

Sources:

http://www.a4id.org/sites/default/files/user/documents/english-contract-law.pdf

http://smallbusiness.chron.com/5-ways-terminate-contract-16020.html

http://www.lawteacher.net/free-law-essays/travel-law/law-for-travel-and-tourism-industry.php

https://www.citizensadvice.org.uk/consumer/travel-leisure-and-food/holidays/holiday-contracts/holiday-contracts-who-is-your-contract-with/

Equality Law

Equality Law

What is discrimination?

Discrimination is the unjust and unfair treatment of people. When an individual is discriminated it has to do with the fact that they feel as if they are being treated unfairly due to different purposes which can especially be on the grounds of race, religion, age and sex.

Different types and forms of discrimination:

• ·   Direct discrimination is one form of discrimination. This is when a person is being discriminated and targeting directly.

• ·         Indirect discrimination is when rules have been put into place for everyone within the workforce but it has a negative impact on a certain person or a certain percentage of people within that group.

• ·         Harassment is another form of discrimination. This is done when someone at a workplace is behaving bad and abusing employees. This can be both verbal and physical harassment.

• ·         Victimisation is another form of discrimination. This is when you are targeted and treated unfairly because they have complained about discrimination or harassment

Equality act 2010:

The equality act 2010 focuses on ensuring that everyone within the organisation is being treated equally. The act provides protection for everyone including people who may be affected by disabilities. The act allows everyone to feel equal which means that applicant for the jobs cannot be treated unfairly.

How the equality act applies in the Travel and Tourism industry:

The quality act applies in all industries as it is a very important act. However some organisations and industries try to ignore he act and manage to break the law by supporting discrimination and misusing the equality act. As the equality act is important for each and every individual it is essential that the organisation implies the equality act 2010 within the industry.  

·         Travel agent:

Travel agents need to ensure that they are not discriminating their employees. They need to treat all their employees equally and not treat certain employees that work for the organisation unfairly. An example of this could be that they need to ensure that both male and female employees are being treated equally and have been given the same objective and workload. In some cases organisations such as Travel agents whom rely on sales of holiday packages tend to put more pressure on certain employee to complete sales of holiday packages. When travel agents are having difficult times and are not managing to sell holiday packages they tend to release the pressure on their employees. This could lead to one particular employee being treated unfairly due to the poor industry performances.

·         Airlines:

Airlines tend to discriminate more than any other organisation. This has to do with the fact that they tend to hire a higher number of females for the job. The airline industry needs to ensure that they are giving employees an equal opportunity to work in higher positions within the organisation. As the airline industry demands working in a fast working environment they tend to forget about the equality act as candidates with disabilities tend to find it hard to get a job within the airline industry. The airline industry is also known to have a lot of sex discrimination and harassment cases as female employees may not be treated right by the organisation.

Sources:

http://www.legislation.gov.uk/ukpga/2010/15/contents

https://www.citizensadvice.org.uk/discrimination/

http://www.legislation.gov.uk/ukpga/1975/65

evaluate the impacts of the principles of health, safety and security legislation on the travel and tourism sector

Travel and tourism health and safety measurements

If visitor health and safety is not well managed, adverse incidents can significantly impact on the profitability and sustainability of an individual business, community or destination. If a visitor feels threatened or unsafe during a trip this may impact on length of stay and expenditure in a destination and decrease the likelihood of repeat visitation and word-of-mouth referrals. If a destination develops a negative image for visitor safety this will likely result in a declining visitor market for the region.

Health & Safety

Prior to confirming tour arrangements, all accommodation, transport and visits are checked to ensure they comply with the statutory risk regulations required in that location and pass the stringent standards of our risk assessment evaluation. These checks are carried out regularly to ensure the standards are maintained either by our own qualified staff or local agents.

Insurance

The Travel Adventure insists that all who travel are covered either by our comprehensive Insurance, or if using their own, that this satisfies us it provides adequate cover including organiser’s liability and repatriation.

In order to go on adventure holidays it is essential that all tourists have taken out insurance. The insurance accounts to the health and safety processes that are conducted in order to allow tourists to take part in special tourism holidays. 

Transport Law in Legal Frameworks

Transport Law in Legal Frameworks

The transport law in legal frameworks involves all aspects of travel methods where the carriage of passengers by road, sea or air. The legal framework applies to the agreement between a carrier and the passengers. There is a contract of carriers formed from the moment the passenger agrees to use the selected carrier.

A carrier is a person who operates a selected method of transport which can be by road, sea or air. In order to use carriers such as taxies and coaches that operate on the roads the passenger is required to book the service in order to use the transport. Once the booking has been made for a coach carrier the passenger will be provided with a ticket which is issued by the carrier, tour operators or someone that is authorised to sell tickets. A contract between the carrier and the passenger is then formed in an agreement to confirm the use of the selected carrier.

Contract of carriage

The contract of carriage links to the common law which impose special obligations on common carriers. The common law states that once a person who wishes to use the service of a selected carrier will be allowed to do so as long as they have paid the applicable fare.  As long as the passenger is willing to pay the applicable fare of the carrier services and is fit to travel it means that the carriers cannot refuse to take the passenger on board. If however the passenger is unfit to travel, unwilling to pay the applicable fares fee or aggressive they can and will be denied the right to use the carrier services. This law applies to all transport methods and must be followed.

Carriage by Air

The air carriage transport law is interesting as it expands into various subsectors. Not all countries share the same law regulations for Air transport carriers. The carrier which in this case would be an aircraft must be in safe to be used as a carrier. This means that regular tests must be undertaken to ensure that the fleet is problem free before allowing the aircraft to be used as a passenger carrier.

Air travel EC denied boarding regulation 1991:

The EC denied boarding regulation 1991 is a law that is followed by air travel carriers in all the European Union countries. The law (regulation) states the benefits a passenger should receive if they have been dined boarding onto a flight. If a passenger has paid for the Air carrier services but the carrier is overbooked it means that some passengers may be denied boarding for their scheduled flight.  The regulation states that if a passenger has been denied boarding due to overbooking they are entitles to a reimbursement for the cost of the ticket for the missed journey.

The passenger should also be offered alternatives which include re-routing to the final destination on another flight or at the earliest convenience. If the passenger is not happy with the alternative flight that they have been offered they can be re-routed at a later date that suits the passenger.  

The same regulation states that air carriers also hold liabilities in the case of a passenger being denied bordering due to overbooking. The liabilities include a minimum compensation which is set by the regulation, meals and refreshments and the cost of contacting the point of destination to which the passenger was scheduled to fly to. In some cases the airline will also need to provide accommodation if the passenger is scheduled to fly at a later date.

This regulation must be followed by all air carriers in the European Union. It shows how the legal frameworks are put into place for both the carriers and the passengers.  The legal framework works in advantage of both the carrier and the passenger as they work together to ensure safe travel at all times which requires different measures of action for all types of carriers.

Bibliography:

http://thelawdictionary.org/contract-of-carriage/

http://ec.europa.eu/transport/themes/passengers/air/legislation_en.htm

http://www.davros.org/legal/carriers.html

As you may already know there are a wide range of legal framework that governs the Travel and Tourism industry and the regulatory authorities that manage and control various laws in industry. In detail I will explain some of the legal framework that governs the Travel and Tourism sector. I will be explaining the purpose of he law and enforcement and will also be explaining the processes of settlements for these laws.

Air Travel Organisers' Licensing (ATOL) 

ATOL is used in the United Kingdom as a Civil Aviation Authority scheme that is being used in order to protect people whom are purchasing holiday packages. Well know tour operators such as Thomson and Thomas Cook hold an ATOL licence.

The ATOL licence is essential for tour operators as they may be breaching legal rules by illegally selling air travel tickets and holiday packages. The ATOL licence is used in order to ensure that a fair deal is being offered to customers and tourists travelling from the UK. By obtaining a ATOL license tour operators will be required to maintain insurance bonds from the CAA. This will ensure that tourists will be able to obtain refunds is they are effected by events that deny them from travelling. The ATOL licence and CAA insurance will also ensure that tour operators are able to find backup solutions in the case of any problems that may occur with the accommodation or any other activities that are included in the flight and holiday package.

If a tour operator does not hold an ATOL licence or the licence has expired without the intention of renewing the licence it would be a breach of trade. This means that the tour operator will be placed on a list with other tour operators that are not legally allowed to sell flight tickets and holiday packages to tourists. In terms of legal proceedings the case of not having an ATOL licence will be a criminal offence as the tour operators will be illegally selling tickets to tourists. In terms of dispute resolution the case between ATOL and tour operators that are breaching the legislation will be dealt as litigation.

The Association of British Travel Agents (ABTA)

The Association of British Travel Agents (ABTA) was founded by 22 leading travel companies in the 1950’s. ABTA since the 150’s has become the UK’s largest travel association which represents tour operators and travel agents. ABTA currently represent around 5,000 shops and offices and have around 1,200 members. ABTA have been a trusted travel brand for over 60 years as they offer advice and guidance to holiday makers.

ABTA have a code of conduct which is abide by their members. The code of conduct includes areas such as accurate advertising, fair terms of trading, changes to bookings and managing customer’s complaints. ABTA’s registered members must ensure that when they are advertising holidays that all the information must be correct which includes no misinterpretations of advertisements and services provided.

Customers are protected by ABTA’s code of conduct which means that holiday makers can expect to relax once there holidays have been booked. This has to do with the fact that the holidays which have been sold by ABTA members are protected financially in the event of the companies failure in being able to provide the holiday and also in the event of the travel agency or tour operator closing down due to not having the financial stabilities. As long as the holidays have been booked trough ABTA member agencies it would mean that all damage costs will be covered by ABTA which will leave the holiday maker stress free.  

If there are any situations that involve problems with the travel arrangements or with miss sold packages then the holiday maker will have the option to solve this issue in court trough the civil law process. The argument of miss sold holiday packages can be bought up in court if a tour operator that is a member of ABTA has provided false advertisements for the destination and the services on the holiday which include hotels and activities. 

Bibliography:

http://www.caa.co.uk/default.aspx?pageid=15451

http://www.caa.co.uk/default.aspx?catid=1080

http://abta.com/about-abta